Pugh v. Evans
Missouri Court of Appeals
Appeal from St. Clair Circuit Court, Hon. Daniel P. Stratton, Judge.- The case is stated in tlie opinion. I. The judgment on demurrer is wrong, and should, therefore, be reversed. The court erred in sustaining defendant’s demurrer. The petition states facts sufficient to constitute a cause of action. II.
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Appeal from St. Clair Circuit Court, Hon. Daniel P. Stratton, Judge.- The case is stated in tlie opinion. I. The judgment on demurrer is wrong, and should, therefore, be reversed. The court erred in sustaining defendant’s demurrer. The petition states facts sufficient to constitute a cause of action. II. The question submitted is, whether Pugh, the appellant, is entitled to have applied the fees earned by him in each year while he was clerk of the circuit court of St. Clair county, until he shall have received a sufficient amount to pay his salary and deputy hire, as provided for by law. In…
1Opinion of the CourtEllison, J.
This action is by an ex-clerk of the circuit court of St. Clair county against his successor in office. The petition alleges that in each of the years of plaintiff.’s incumbency the fees earned and collected by him did not amount to the sum allowed him by law as salary, after paying his deputy ; and that his settlements. with the county court showed this; that he earned $113.05 in fees in suits pending in the circuit court, which had not been collected during his term, but *295were collected by defendant, Ms successor ; that he had demanded these fees of defendant and had been refused by him.
Defen…
2Cases cited1 opinion
- Thornton v. ThomasSupreme Court of Missouri · 1877
3Cited by1 opinion
- Boettcher v. Lancaster CountyNebraska Supreme Court · 1905